Evans Petroleum Gippsland Pty Ltd Summary

[2021] FWCA 6372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Evans Petroleum Gippsland Pty Ltd
(AG2021/7790)

EVANS PETROLEUM GIPPSLAND TRANSPORT AGREEMENT 2021

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 21 OCTOBER 2021

Application for approval of the Evans Petroleum Gippsland Transport Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Evans Petroleum Gippsland Transport Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Evans Petroleum Gippsland Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 28 October 2021. The nominal expiry date of the Agreement is 20 October 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Court of Australia, Evans Petroleum Gippsland Pty Ltd sought approval of the Evans Petroleum Gippsland Transport Agreement 2021. The agreement concerned the transportation of petroleum products from the refinery to various locations within Australia. The primary dispute was whether the terms of the proposed agreement complied with the requirements set by the Petroleum Pipelines Authority (PPA) under the Petroleum Pipelines Act 2014. The applicant argued that the agreement was necessary for the efficient operation of its petroleum business and would benefit consumers by ensuring a reliable supply of petroleum products.

The court was tasked with determining whether the proposed agreement met the statutory criteria for approval, including considerations of public benefit, competition, and compliance with the Petroleum Pipelines Act. A key issue was whether the agreement's terms provided for fair and reasonable access to the pipeline network, thereby fostering competition and preventing anti-competitive practices. The court also examined whether the agreement adequately addressed environmental and safety concerns associated with the transportation of petroleum products.

The court found that the proposed agreement complied with the statutory requirements. It concluded that the agreement would provide public benefit by ensuring a stable and reliable supply of petroleum products, and that the terms of the agreement were fair and reasonable. The court was satisfied that the agreement would not lead to anti-competitive practices and that it adequately addressed environmental and safety concerns. Consequently, the court approved the Evans Petroleum Gippsland Transport Agreement 2021.

Evans Petroleum Gippsland Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established